Kerala High Court
D. Anil Kumar vs State Of Kerala on 2 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6391 OF 2023
CRIME NO.353/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM, KURIYANOOR,
KURIYANOOR P.O., THIRUVALLA, PATHANAMTHITTA, PIN
- 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER, PRD
MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689531
ADV. SREEJA V - SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6392/2023, 6393/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.6391/2023 & connected cases
:2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6392 OF 2023
CRIME NO.65/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6393 OF 2023
CRIME NO.68/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6394 OF 2023
CRIME NO.71/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:5 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6395 OF 2023
CRIME NO.132/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SRI. C.S. HRITWIK, SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:6 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6396 OF 2023
CRIME NO.205/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA-689550, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SRI. C.S. HRIING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH BailTWIK, SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:7 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6408 OF 2023
CRIME NO.348/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SEETHA S., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:8 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6410 OF 2023
CRIME NO.379/2023 OF KOIPURAM POLICE STATION
PETITIONER:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SEETHA S., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
:9 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6411 OF 2023
CRIME NO.62/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
: 10 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6413 OF 2023
CRIME NO.402/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6419 OF 2023
CRIME NO.422/2023 OF KOIPURAM POLICE STATION
PETITIONER/S:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SEETHA S., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
: 12 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
BAIL APPL. NO. 6422 OF 2023
CRIME NO.444/2023 OF KOIPURAM POLICE STATION
PETITIONER:
1 D. ANIL KUMAR, AGED 59 YEARS
S/O. LATE P.R. DAMODARAN PILLAI, MANAGING
DIRECTOR, PRD MINI NIDHI LIMITED, KURIYANOOR,
THIRUVALLA, PATHANAMTHITTA-689550, RESIDING AT
SREERAMA SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
2 DEEPA DIVAKARAN, AGED 52 YEARS
W/O. ANIL KUMAR, BOARD MEMBER, PRD MINI NIDHI
LIMITED, KURIYANOOR, THIRUVALLA, PATHANAMTHITTA-
689550, RESIDING AT SREERAMA SADANAM,
KURIYANOOR, KURIYANOOR P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689550
3 ANANTHA VISHNU @ ANANDHU VISHNU
AGED 28 YEARS, S/O. ANIL KUMAR, BOARD MEMBER,
PRD MINI NIDHI LIMITED, KURIYANOOR, THIRUVALLA,
PATHANAMTHITTA-689550, RESIDING AT SREERAMA
SADANAM, KURIYANOOR, KURIYANOOR P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689550
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KOIPURAM POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689531
SMT. SREEJA V., SR. P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2023, ALONG WITH Bail Appl..6391/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6391/2023 & connected cases
: 13 :
ORDER
Dated this the 2nd day of August, 2023 [Bail Appl. Nos.6391/2023, 6392/2023, 6393/2023, 6394/2023, 6395/2023, 6396/2023, 6408/2023, 6410/2023, 6411/2023, 6413/2023, 6419/2023, 6422/2023] ....
These Bail Applications are filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. In all these cases, the petitioners are accused Nos.1 to 3, in the respective crimes registered by the Koipuram Police Station, Pathanamthitta District. The aforesaid crimes were registered alleging offences punishable under Sections 420, 409 and r/w Section 34 of the Indian Penal Code and Sections 3 and 5 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act).
3. The common case of the prosecution is as follows: The 1st accused is the Managing Director of M/s PRD Mini Nidhi Limited, and the accused Nos.2 and 3 are the Directors of the said company. The allegation against the petitioners is that, without obtaining any license or approval from the Reserve Bank of India for accepting money/deposits from the public, they have collected B.A.No.6391/2023 & connected cases : 14 : various amounts from the general public, offering a higher rate of interest. After collecting the said amounts, they failed to provide any returns to the aforesaid deposits and the amounts were also not refunded. The respective complaints were submitted by the defacto complainants in such circumstances. As of now, about 184 cases have been registered against the petitioners. The petitioners were arrested in connection with the investigation of some of the cases on 09.11.2022 and since then, they have been under judicial detention. It is pointed out that in all these cases, except B.A. Nos.6391/2023, 6413/2023, 6422/2023, 6419/2023, 6410/2023 &6408/2023, the arrest of the petitioners was recorded on 28.04.2023. In B.A. Nos.6391/2023, 6413/2023 and 6422/2023, the arrest of the petitioners was recorded on 14.07.2023. In B.A. Nos.6408/2023, 6410/2023 and 6419/2023, the arrest of the petitioners was recorded on 01.08.2023. These applications for regular bail are submitted in such circumstances.
4. Heard, Sri. D. Kishore, the learned counsel appearing for the petitioners and Sri. C.S. Hritwik, Smt. Sreeja V. and Smt. Seetha S., learned Public Prosecutors appearing for the State.
5. The learned counsel for the petitioners contends that under no circumstances the offences alleged against them would B.A.No.6391/2023 & connected cases : 15 : be attracted. According to him, M/s PRD Mini Nidhi Limited is a company incorporated under the provisions of the Companies Act, 2013 as a 'Nidhi' in terms of Section 406 of the Act as it stood then at the time of incorporation. Later, Section 406 of the Act was amended as per Section 81 of the Companies (Amendment) Act, 2017 w.e.f. 15.08.2019 as per S.O.2269(E) dated 01.07.2019 issued by the Ministry of Corporate Affairs, Government of India. The concerned Rules were also amended as per Nidhi (Amendment) Rules 2019. Even though, the petitioner submitted Form No. NDH 4, before the Ministry of Corporate Affairs in terms of the amended Rule, the same was rejected. Challenging the said order of rejection, the company approached this Court by filing W.P.(C) No.12131/2021, and this Court permitted the company to enroll new members upto 10% of the present membership, and the company was also permitted to accept deposit from such new members. The aforesaid writ petition is even now pending consideration, and the interim order is also in force. In such circumstances, it was pointed out that the proceedings initiated against the petitioners for the provisions of the BUDS Act 2019 may not be attracted. As regards the other offences, it is pointed out that the petitioners have sufficient assets for repayment of the B.A.No.6391/2023 & connected cases : 16 : entire deposits, and the petitioners deny the allegation of cheating. The learned Counsel for the petitioners further submits that, the petitioners are prepared to abide by any conditions that may be imposed by this Court and shall cooperate with the investigation.
6. On the other hand, the learned Public Prosecutors would oppose the aforesaid application. It is pointed out that this is a case in which a large number of depositors were cheated, and an amount of `32 crores was siphoned off by the petitioners. The investigation is even now going on, and therefore, if the petitioners are released on bail, it is likely to hamper the prospects of investigation. Thus, the dismissal of the bail applications was sought.
7. I have gone through the records and heard the contentions placed by both sides. There are indeed certain allegations against the petitioners about the failure on their part to give returns in the form of interest as allegedly promised by them. Regarding the provisions under the BUDS Act, it appears that there is already an interim order passed by this Court in the writ petition, and they are now permitted to enroll new members, limited to 10% of the existing membership of the petitioners. It is also the petitioners' case that they have sufficient assets to clear all the B.A.No.6391/2023 & connected cases : 17 : liability. It is evident from the records that the petitioners have been in custody since 09.11.2022 in connection with the investigation of the said case. It is also a relevant fact that even now, final reports were not submitted in the said cases.
8. Thus, considering all the relevant aspects, I am of the view that the petitioners can be released on bail by incorporating appropriate conditions to ensure the cooperation of the petitioners in the investigation. While taking this view, I have taken note of the fact that the petitioners were in judicial custody for the past more than five months and no final reports were also submitted. It is also a fact that there is already an interim order passed by this Court in W.P.(C).No.12131/2021 in their favour about accepting deposits.
In such circumstances, this bail application is disposed of with the following directions:
1) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2) The petitioners shall fully co-operate with the investigation.
3) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until B.A.No.6391/2023 & connected cases : 18 : the filing of final report.
4) The petitioners shall appear before the Investigating Officer as and when required.
5) The petitioners shall not commit any offence of similar nature while on bail.
6) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
7) The petitioners shall not leave India without the permission of the jurisdictional court.
8) The petitioners shall surrender their passports before the Jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
Sd/-
ZIYAD RAHMAN A.A. JUDGE ncd